If my wife and I received summons from court and are being sued by mortgage holder prior to foreclosure, do we have to respond to court or mortgage holder?

Asked on December 11, 2015 under Real Estate Law, Oklahoma


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your response would be an answer to the complaint (lawsuit) by the mortgage holder.  Your answer to the complaint is filed with the court and served by mail on the mortgage holder's attorney or the mortgage holder if no attorney.  Your answer to the complaint has to be filed with the court and served on the opposing party prior to the deadline set forth in the summons.
If you don't file a timely answer, the mortgage holder will get a default judgment which means you will have lost the case unless a motion is filed to set aside the default.  Therefore, it would be advisable to respond.

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